Neurontin Ruling Would Kill Off-Label Use, 1st Circ. Hears

Law360, New York (August 8, 2012, 3:22 PM EDT) -- A pharmaceutical industry group on Tuesday backed Pfizer Inc.’s challenge of a $142 million jury award in multidistrict litigation over off-label marketing of painkiller Neurontin, telling the First Circuit that the verdict could stifle acceptable off-label drug uses and chill scientific discussion.

In the lower court, U.S. District Judge Patti B. Saris found that it is a material misrepresentation to claim a drug is effective for an off-label use unless the supporting evidence meets the U.S. Food and Drug Administration’s regulatory standard for drug approval, according...